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Author: Anvita Dwivedi
In a significant clarification of insolvency jurisprudence, the Supreme Court of India has held that admission of a claim by a Resolution Professional (RP) during the Corporate Insolvency Resolution Process (CIRP) does not amount to an acknowledgment of debt for the purposes of limitation. The ruling settles an important legal ambiguity that had led to conflicting interpretations across tribunals, particularly on whether such admission could extend limitation under Section 18 of the Limitation Act, 1963. The case arose in the context of creditors seeking to rely on the inclusion of their claims in CIRP proceedings as a fresh acknowledgment of…
In a sharp and unusually candid rebuke, the Supreme Court of India has set aside a bail order granted by the Allahabad High Court in a dowry death case, questioning the reasoning adopted and remarking, “What’s wrong with the High Court?” The observation underscores growing judicial concern over the manner in which bail discretion is exercised in cases involving grave offences against women, particularly where statutory presumptions and evidentiary thresholds demand heightened scrutiny. The case arose from allegations of dowry death under Section 304B of the Indian Penal Code, where the accused had been granted bail by the High Court.…
In a significant and sensitive intervention touching upon reproductive rights and child protection, the Supreme Court of India has urged the Union Government to consider amending the statutory framework to remove the gestational time limit for termination of pregnancy in cases involving minor rape survivors. The Court’s observations bring into sharp focus the tension between statutory restrictions under the Medical Termination of Pregnancy Act, 1971 and the constitutional imperative to protect dignity, bodily autonomy, and mental health of vulnerable victims. The matter was heard by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, in the…
In a significant assertion of the right to timely justice particularly in matters affecting senior citizens the Supreme Court of India has directed the Allahabad High Court to accord an out-of-turn hearing to a 77-year-old man seeking pension and post-retiral benefits, whose case has remained pending for nearly nine years. The intervention underscores the Court’s growing concern with delays in service jurisprudence, especially where such delays directly impact livelihood and dignity in advanced age. The matter was heard by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, which took note of the petitioner’s deteriorating health…
In a recent development at the intersection of criminal law and financial regulation, a Delhi court has granted regular bail to Vinesh Chandel, co-founder and director of political consultancy firm I-PAC, in a money laundering case investigated under the Prevention of Money Laundering Act (PMLA). The order, passed by the Patiala House Court, marks a notable shift in the trajectory of proceedings that had earlier seen the accused denied interim relief on strict statutory grounds. The case originates from allegations linked to a broader money laundering probe, reportedly connected to financial irregularities and transactions under scrutiny by the Enforcement Directorate…
In a significant clarification that strengthens creditor rights under insolvency law, the Supreme Court of India has held that liabilities arising out of corporate guarantees qualify as “financial debt” under the Insolvency and Bankruptcy Code, 2016 (IBC). The ruling resolves interpretative inconsistencies and reinforces the commercial reality that guarantees are not merely ancillary obligations but substantive financial commitments within the insolvency framework. The decision came in the backdrop of disputes where lenders particularly consortium banks were denied recognition as financial creditors on the ground that their claims arose from corporate guarantees rather than direct lending transactions. Overturning such restrictive interpretations…
In a significant intervention concerning the functioning of tribunal administration under the Insolvency and Bankruptcy regime, the Allahabad High Court has questioned the legality and necessity of a directive issued by the National Company Law Tribunal (NCLT) Principal Bench, New Delhi, mandating “joint scrutiny” of filings made before the NCLT Allahabad Bench. The Court’s observations terming the directive as having “prima facie no justification” highlight deeper concerns around administrative overreach, decentralisation of tribunals, and procedural efficiency within the insolvency framework. The controversy stems from an order dated 27 February 2026 issued by the Registrar of the NCLT Principal Bench directing…
In a development that places child protection jurisprudence at the forefront of constitutional discourse, the Supreme Court of India has taken up a Public Interest Litigation seeking structural reforms in the identification, rescue, and rehabilitation of missing and trafficked children. The petition, filed by advocate Reepak Kansal, calls for the creation of a National DNA and Biometric Identification System to enable scientific tracing and reunification of children with their families, while also proposing mandatory DNA verification prior to adoption. The matter was heard by a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, which described…
In a significant development in one of Uttar Pradesh’s most high-profile criminal prosecutions, the Supreme Court of India has issued notice on a bail plea filed by Kaish Ahmad, the alleged driver associated with the family of gangster-politician Atiq Ahmad, in connection with the 2023 murder of advocate Umesh Pal. The Court’s intervention signals a cautious but important step in reassessing the contours of bail jurisprudence in cases involving serious conspiracy-based offences and organised crime allegations. The matter was heard by a Bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan, which sought a response from the State of Uttar Pradesh…
In a significant intervention at the intersection of economic offences and victim protection, the Supreme Court of India has made it clear that relief in money laundering cases particularly bail cannot be divorced from the rights of those directly affected by the alleged offence. Hearing a plea filed by former Haryana MLA Dharam Singh Chhoker, the Court insisted that the interests of homebuyers allegedly defrauded in a housing project must be addressed before any consideration of relief to the accused. The matter arises from a large-scale money laundering investigation linked to a housing project undertaken by the Mahira Group, controlled…
